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Fact Inquiry Necessary to Determinate Which Sales of Securities Were “By Means Of” Misstatements

October 22, 2010

Co-authored by Jessica M. Garrett

The U.S. Bankruptcy Court for the District of Massachusetts recently denied a motion for summary judgment on the issue of damages by investors in Access Cardiosystems, Inc. against one of the defendants, Randall Fincke. The investors had asserted claims against Mr. Fincke under the Massachusetts version of the Uniform Securities…

Attendance at Executive Committee Meetings Insufficient to Satisfy Group Pleading Doctrine

October 22, 2010

Second Circuit Holds That Corporations Cannot Be Sued under Alien Tort Statute

September 24, 2010

SEC Case Against Mark Cuban Revived

September 24, 2010

Stay of Discovery Under PSLRA Does Not Apply During All Motions to Dismiss

August 27, 2010

Fiduciaries Did Not Breach Duty of Prudence by Failing to Divest Investments in Company Shares

August 27, 2010

SEC Enforcement Actions Not Subject to Same Reliance Requirements as Private Actions

July 23, 2010

Court Denies Motion for Summary Judgment to Dismiss Aiding and Abetting Claims

July 23, 2010

Commodities Exchange Act Claim Dismissed for Failing to Plead Scienter

July 2, 2010

Whistleblower’s Claim Dismissed for Lack of Subjective Belief

July 2, 2010

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